Search Results Page
Search Results
1 - 10 of 11 (0.50 seconds)Article 372 in Constitution of India [Constitution]
Article 228 in Constitution of India [Constitution]
Romesh Thappar vs The State Of Madras on 26 May, 1950
In some instances at least the unsuccessful attempt will not undermine or tend to overthrow the State. It is enough if one instance appears of the possible application of the section to curtailment of the freedom of speech and expression in a manner not permitted by the constitution. The section then must be held to have become void. As was said by the Supreme Court at p. 424 of the report already cited, Romesh Thapper v. The State of Madras, . "Where a law purports to authorise the imposition of restrictions on a fundamental right in language wide enough to cover restrictions both within and without the limits of constitutionally permissible legislative action affecting such right, it is not possible to uphold it even so far as it may be applied within the constitutional limits, as it is not severable. So long as the possibility of its being applied for purposes not sanctioned by the constitution cannot be ruled out, it must be held to be wholly unconstitutional and void."
Article 226 in Constitution of India [Constitution]
Article 395 in Constitution of India [Constitution]
Section 7 in Government of India Act, 1935 [Entire Act]
Brij Bhushan And Another vs The State Of Delhi on 26 May, 1950
5. Naturally enough, the argument has centred upon Section 124A, Penal Code. Section 153A may be considered a lesser section, which prima facie at least is less likely to have survived than 9. 124A. The learned Attorney General has conceded before us that the case of Section 24 (a), Public Safety Act must be taken to be covered by the recent decision of the Supreme Court holding Section 7 (1)(c) of the same Act to be void Brij Bhusan v. The State of Delhi, .
Government of India Act, 1935
Niharendu Dutt Majumdar And Ors. vs Emperor on 10 July, 1939
8. I may pass to the decision of the Federal Court in Niharendu Dutt v. Emperor, 1942 F. C. R. 38 : (A.I.R. (29) 1942 F. C 22 : 43 Cr,L.J. 504) where an endeavour was made to restrict the scope of Section 124A. It was held, in the words of Sir Maurice Gwyer C.J. :